• Division of property

In my family my husband ,married  sister in law ,and widow of younger brother and son of younger brother ,we have a house purchased by parents in laws both are expired now we want dividedation  from her . but in laws of younger brother says you take care of her and take responsibility of younger brother widow and their son .they are not good in nature always insult us sources of family income is a shop (shop of municipality). I want to know what we do 
 they are saying divide all the property on the papers only live together thats not possible fo us 
please help us what we can do
Asked 2 years ago in Family Law from Bareilly, Uttar Pradesh
Religion: Hindu
If all the heirs of your in-laws are not willing to partition the property then the heirs who are desirous of dividing the property can file a suit for partition in the civil court. After partition every heir will get a separate share.
Ashish Davessar
Advocate, Jaipur
22977 Answers
634 Consultations

5.0 on 5.0

1) is it self acquired property of in laws?

2) if os you cannot seek partition of the property 

3) in laws can bequeath , sell , transfer property as they please 

4) only if in laws die without a will can you seek partition of property as legal heir
Ajay Sethi
Advocate, Mumbai
45632 Answers
2681 Consultations

5.0 on 5.0

1. If the younger brother has died after the death of your parents in law then widow has share in the house.
2. If you divide the property among the legal heirs which include your husband, his sister, woodw of his younger brother and her son , the same is to be done in equal share.
3. If the house is big enough to accommodate all the share holders then there is no harm to let her stay in the house.
4.In any event any of the share holders insists to stay in the house and you cna not restrain them.
5. If you have issues to stay together with them then you can shift to other location and ask for price of your share in the house.
Devajyoti Barman
Advocate, Kolkata
12866 Answers
166 Consultations

5.0 on 5.0

If the compromise plan devised by your co-sister's parents are not acceptable to you, better to decline their offer and proceed with the proposed amicable partition if the other parties agree for it.  If any party is not agreeing to the proposed amicable partition among the share-holders, you have no option than to approach a civil court seeking proper partition and separate possession as per law.  The case may take years to get disposed but that will be a proper solution instead of always quarreling or fighting with each other for ever. There is no compulsion on you to accept the terms offered to you, instead you can always opt for solutions as per law nd abide by the court decision in this regard.
T Kalaiselvan
Advocate, Vellore
35809 Answers
390 Consultations

5.0 on 5.0

1. Get a partition deed executed and registered before the Registrar duly partitioning the property for each of the legal heirs with metes and bounds,,

2. After the partition deed is registered, get your share divided accordingly,

3. Now supporting your inlaws is totally optional to you and you are not legally bound to maintain them. 
Krishna Kishore Ganguly
Advocate, Kolkata
18512 Answers
448 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer